Los Angeles Product Liability Lawyer
Injuries from Defective and Dangerous Products
Were you injured by a dangerous product? A Los Angeles personal injury
Martinian & Associates may be able to assist. Every day, consumers are injured by products. When
is it the consumer's fault and when is it the manufacturer's fault?
In order to have a product liability claim, a person must be able to prove
that a product was dangerous or somehow defective, and that defect directly
resulted in injury. There are three major types of product liability:
With manufacturing defects, a product is considered defective because
of a flaw during the manufacturing process. If the product would have
been manufactured properly, then the product likely would not have been
With design defects, a product is deemed defective due to flaws in the
design itself. This means that even if a product was manufactured perfectly,
it still would have posed a safety risk to consumers.
These defects can also be called "failure to warn." Product
manufacturers could be held responsible for failing to market their product
properly. For example, marketing a product to young children that could
be dangerous to this age group could result in a lawsuit. Another example
would be a company that fails to thoroughly explain the proper use of
a product on the warning label or instructions.
Product liability law is unlike many other types of
personal injury claims. In many defective product cases, the principle of strict liability
is used rather than negligence. This is because negligence implies some
sort of careless action. While manufacturers are responsible/liable for
defective products they issue, these cases do not typically involve claims
Substantiating a Product Liability Claim
Not everyone who is hurt by a product can file a product liability claim.
This type of lawsuit can only stand if three basic factors are in place:
1) A product was defective, 2) The defective product resulted in injury,
and 3) Injuries are verifiable. The Center for Disease Control and Prevention
(CDC) regulates consumer products and the Food and Drug Administration
(FDA) regulates foods, over-the-counter drugs, and prescription drugs.
Despite federal regulation, many products are deemed defective. In some
cases, manufacturers will notify consumers of the defect before any injuries
take place. In other cases, a defect is not discovered until multiple
people have been injured. Aside from federal regulations, the state of
California also has a variety of consumer protection laws. Consumer protection
laws cover everything from appliances to vehicles and unlawful business
practices. If a product manufacturer violates any of these laws and causes
a consumer injury, then they could be held legally responsible.
Presenting a Strong Case
When our Los Angeles product liability attorneys present a defective product
case, we make sure to take our time and build the most compelling case
possible. These are real people that have suffered significant injuries,
and our goal is to make those stories real and tangible to jurors. You
may be dealing with extensive medical bills, time taken off of work resulting
in lost wages, emotional suffering and more. With experienced legal counsel
from our firm, you could recover financial compensation to cover the cost
of your losses.
At Martinian & Associates, we are not afraid to hold large product
manufacturing companies responsible for their defective products. If you
have been injured in this way, please do not hesitate to call today and
receive a free evaluation of your case.